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CRIM 309. Juveniles and the Police. Taking Juveniles into Custody. Most constitutional protections afforded to adults at arrest are also given to juveniles

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Crim 309

CRIM 309

Juveniles and the Police

Taking juveniles into custody
Taking Juveniles into Custody

  • Most constitutional protections afforded to adults at arrest are also given to juveniles

    • Must have probable cause to make an arrest: “facts and circumstances within the officers’ knowledge…are sufficient in themselves to warrant…belief that an offense has been or is begin committed.”

    • Juveniles may be arrested as long as probable cause can be established—a warrant is not necessary

  • Types of arrests

    • Warrant—Written order from the court to make an arrest; neutral magistrate determines probable cause

    • Warrantless—Police officer making the arrest determines probable cause

    • Officers may take juveniles into custody for noncriminal behavior (e.g., running away)

    • For status offenses (conduct in need of supervision) officers may use reasonable suspicion to take a juvenile into custody

Making the decision
Making the Decision

  • Officers use a lot of discretion when deciding to make an arrest

    • Legal factors

      • Seriousness of offense

      • Frequency of offending

      • Prior/current involvement in system

    • Extralegal factors

      • Race/ethnicity

      • Gender

      • Socioeconomic status

      • Demeanor

      • Family Situation

      • Victim/citizen complaint

Other legal rights
Other Legal Rights

  • Stop and Frisk allowed with reasonable suspicion—only protective “pat-down”; full search requires probable cause

  • Search and Seizures

    • Many must occur with a warrant

    • Others do not require a warrant

      • Probable cause

      • Consent: Do juvenile’s have valid consent?

Consenting to a search
Consenting to a Search

  • Consent must be voluntary based on totality of the circumstances

    • Conditions considered:

      • Age

      • Maturity

      • Experience in the system

  • Consent from parents

    • Debatable

    • Depends on the state

Other exceptions
Other Exceptions

  • School searches

    • Public officials do not need a warrant

    • Role of police still open

  • Juveniles on probation

    • Probation officers are allowed

    • Police allowed if part of probation agreement

Miranda rights
Miranda Rights

  • Juveniles under custodial interrogation must be told of their Miranda rights

    • In custody (under arrest or deprived freedom) and under interrogation; and

    • Under interrogation (when police ask questions that tend to incriminate)

  • Juveniles may waive their Miranda rights

    • Must be an intelligent waiver—knows what he/she is doing and is competent to do so

    • Must be voluntary—not give as a result of threat, empty promise or force

    • Determined by “totality of circumstances”

Miranda rights continued
Miranda Rights, Continued

  • Role of parents

    • Some states require consultation with parents before waiving their rights

    • Depends on the state—not all require

  • Role of attorney

    • Some states require consultation with attorney before waiving rights

    • Depends on the state—not all require

  • Juveniles must clearly and unambiguously invoke their Miranda rights—remaining silent is not enough

Issues of confidentiality
Issues of Confidentiality

  • The level of confidentiality depends on state law for the following—certain aspects of each issue have not been resolved for juveniles in the courts

    • Fingerprinting

    • DNA

    • Lineups and Photographs

    • Media use of juvenile information—this has been established as allowed